New FCC rule could shed light on political attack ads

Public could look online for who's behind them

April 24, 2012|By William E. Gibson, Washington Bureau

WASHINGTON Once the election season heats up again this summer, and an endless stream of political attack ads invade your TV, a few clicks online may let you know who's behind the messages and how much they cost.

The Federal Communications Commission on Friday is expected to approve a rule forcing major-network TV stations to post the price and the source of their political ads.

The proposal comes with massive loopholes: cable and satellite providers are not covered, and Spanish-language stations are exempted for two years, leaving out a major source of advertising this election year, especially in Florida.

Nevertheless, watchdog groups say the rule will shine a light on the influential role of "Super PACs" and nonprofit organizations that round up millions of dollars from anonymous donors to attack candidates or promote causes.

They hope that will help curb some of the mudslinging.

"It might change the behavior of some of these dark-money advertisers, the folks who are really hiding behind shell organizations to keep their identity secret," said Lisa Rosenberg of the Sunlight Foundation, a non-partisan advocate for open government. "So when you see an ad and really want to know who's behind it, you don't just immediately hit a brick wall.''

Many of the groups who place these ads are well-known major players, including former political consultant Karl Rove's Crossroads GPS, labor unions and the Chamber of Commerce.

The FCC rule, opposed by many broadcasters partly because of the cost to implement, would initially apply only to local TV stations affiliated with major networks — ABC, NBC, CBS and Fox. It would exclude the huge and growing Spanish media market until 2014.

Spanish broadcasts are especially important in Florida, home to 4.25 million Hispanics, nearly a fourth of the state population. That includes 438,247 in Broward County, 250,823 in Palm Beach County and 1.6 million in Miami-Dade County.

President Barack Obama and Republican challenger Mitt Romney already have launched TV ads in Florida, a major swing state, including Spanish-language spots.

But the FCC is moving one step at a time with its new rule, starting with English-language major network stations.

The rule would apply to candidate ads and also those bought by independent political groups that indirectly shape elections. Such groups spent roughly $19 million in Florida before the presidential primary in January, mostly for negative ads — far more than in any other state.

In the wake of court rulings in 2010, Super PACs and nonprofit "social welfare" groups are allowed to spend unlimited amounts on ads that typically attack or promote candidates without explicitly campaigning for or against them. Some of these groups draw money from a handful of wealthy individuals or corporations with no requirement to disclose their identities.

Under current FCC rules, TV stations must keep a paper file listing the source and cost of political ads to be made available to anyone who goes to the stations and asks for it. Posting this information online would make it far easier to access, more widely spread and more quickly available.

Broadcasters say they want to serve the public, but many object to making their ad rates available to competitors, and they feel burdened by the expense of putting the material online.

"We think the public has a right to know, but putting the burden of record-keeping on our backs in this economic time is tough," said C. Patrick Roberts, president and CEO of the Florida Association of Broadcasters. "We do have concerns about how far-reaching it will become and how much work it adds to the stations, especially the smaller stations."

"All blessings come with headaches," he said, "but yes, when you're one of the five to seven states that historically determine the outcome of the presidency, you are going to be very busy.''

The FCC, which currently has three commissioners and two vacancies, is expected to approve the rule on Friday. Chairman Julius Genachowski said requiring online postings might ultimately save the broadcasters money by switching from cumbersome paperwork to digital records.

He chided critics this week at the National Association of Broadcasters convention in Las Vegas, saying: "Some in the broadcast industry have elected to position themselves against technology, against transparency and against journalism."